Evidence Flashcards
Relevance
% out exams tested: 55%
Issue: Whether the evidence is relevant.
Rule: For evidence to be admissible, it must be (i) logically relevant and (ii) legally relevant. Logical relevance means having any tendency to prove or disprove [CA: a disputed fact] [FRE: fact of consequence]. Legal relevance means that the court has the discretion to exclude relevant evidence if a risk of unfair prejudice substantially outweighs its probative value.
Hearsay
% out of exams tested: 42.5%
Issue: Whether [Declarant’s] statement to [Witness] regarding [X] is barred by the hearsay rule.
Rules: Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, and is inadmissible unless it falls within an exception to the rule.
[Hearsay within hearsay]:“Hearsay within hearsay” is admissible only if both the outer and inner layers fall within a hearsay exception.
Best Evidence Rule
% out of exams tested: 27.5%
Under the best evidence rule, when seeking to prove the terms of a writing in a case where the terms are material, the original must be produced. The FRE will permit the use of an exact copy of an original, such as a photocopy, to the same extent as an original, so long as no genuine question of authenticity is raised.
Present Sense Impression
% out exams tested: 32.5%
Rule: Where a person perceives an event and is moved to comment on what she perceived at the time of the perception or immediately thereafter, that statement is admissible as a present sense impression.
Admission by a Party-Opponent
% out of exams tested: Statements by a Party-Opponent
Rule: Under the CEC, any hearsay statement made by a party and offered in evidence against that party is admissible as an exception to the hearsay rule.
Lay Testimony
% out of exams tested: 30%
An opinion by a lay witness generally is inadmissible, except when it is: (i) rationally based on the perception of the witness; and (ii) helpful to a clear understanding of her testimony or to the determination of a material fact.
